Today, the Delhi High Court directed the Ministry of Home Affairs (MHA) to respond to a petition filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy, seeking an investigation into the citizenship status of Congress leader Rahul Gandhi.

A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela also sought clarification regarding a similar petition pending before the Allahabad High Court, filed by BJP Karnataka member S. Vignesh.

During the proceedings, the court was informed that the government’s counsel in the matter had recently been elevated to the position of Senior Advocate, necessitating the appointment of new representation for the Union.

The Counsel for Subramanian Swamy, Advocate Satya Sabharwal, informed the court that all relevant documents had been served to the concerned parties.

He urged the court to issue a notice to the MHA, emphasizing that despite repeated representations and prior appearances in the matter, the Ministry had not taken any action. Sabharwal also highlighted that Swamy had sought clarification directly from the British government regarding Gandhi’s citizenship.

The court noted the issue of overlapping adjudication, with the government’s counsel arguing that the plea in the Delhi High Court substantially overlapped with the broader prayers raised in the Allahabad High Court petition. Previously, Chief Justice Manmohan had allowed an affidavit to be filed by Vignesh Shishir in the Delhi proceedings.

Swamy, however, contended that his petition was distinct from the one in Allahabad, focusing solely on eliciting a response from the MHA regarding his complaint rather than pursuing any criminal or civil proceedings against Gandhi.

The court expressed concerns over duplication of issues but acknowledged Swamy’s argument, emphasizing the need for clarity on the Ministry’s stance.

Case Title: Subramanian Swamy v. Union of India and Ors. (W.P. (C) 11481/2024)